When a law enforcement officer observes an individual swerving or driving erratically, they have reasonable cause to pull them over. There are three main ways a police officer could seek to determine whether the individual is under the influence of alcohol. First is through a field sobriety test. These test the concentration and motor skills of the driver and are difficult to successfully complete by someone who is inebriated. The second common way to test for alcohol consumption is through a breath test. By breathing into a breathalyzer device, the police officer can get a reading of how much alcohol is in the blood.
However, one of the most accurate ways to test for alcohol consumption is through a blood test. You do not have the right to refuse to submit to any chemical test and you will face penalties for doing so. Regardless, it could be in your best interests to not have any hard evidence against you. If you already submitted to a blood test and were subsequently placed under arrest for drunk driving, your case is not hopeless. Even in a test as accurate as this, mistakes can still occur. Whether it was a human error in the lab, or whether the blood serum was tested rather than the whole blood, you could be found guilty for a crime you did not commit.
Another aspect of a blood test to consider is the fact that the blood sample is not taken at the time of the arrest. Alcohol slowly absorbs into the bloodstream, your blood alcohol content could be higher at the time of testing than it was while you were driving. If you believe that you were falsely accused of OUI based on the findings of a blood test, please get in touch with our team at the Law Office of William T. Bly so that we can examine your case.